Separation or divorce isn’t an easy decision. The process usually involves challenging discussions about children financial matters, as well as how to move forward. You should know that court is not the sole or ideal option. A growing number of families are finding that mediation in the family is an easier, more cooperative, and less stressful approach to resolving crucial issues in divorce.
Family mediation’s purpose is to create a neutral and secure space in which couples separated from each other can discuss practical issues together under the supervision of an impartial mediator. The focus isn’t on the assigning of blame or revisiting past disputes. Instead, the focus is entirely on the future and making agreements that are reasonable and feasible for both sides. Some of the topics are financial arrangements as well as division of property, and co-parenting. But, the flexible nature of the process enables it to be customized to meet the requirements of every family.
One of the most appealing aspects of mediation, is that the decision-making remains entirely in the hands of the couple. Instead of delegating decisions to a court, mediation helps both parties find solutions that fit their specific family situation. This could lead to agreements that are more realistic and durable.
What is MIAM and why does it play a part of the procedure?
Before proceeding with family mediation or applying to the courts for issues related to finances or children the majority of divorced couples in England and Wales are required to participate in what’s referred to as MIAM. MIAM acronym for Mediation Information and Assessment Meeting.
The first meeting is in one-on-1 sessions with a family mediation specialist. The mediator will discuss how mediation works and determine whether it is appropriate for you and your partner. It is crucial to remember that attending a MIAM does not make anyone obligated to mediation. The MIAM provides an opportunity to explore the options available and decide whether formal court proceedings are more appropriate than mediation.
Many people are ready to give mediation a go once they know the procedure. This is especially so when they realize how flexible and cost-effective this alternative to court proceedings can be.
How Family Mediation as well as the C100 Form are interconnected
If mediation is not an appropriate option or if both parties or both decides to not proceed, the mediator is able to sign the form C100. This form must be submitted when submitting an application to the family court to obtain an order for child arrangements. The form demonstrates that mediation attempts were made, but it either did not work or didn’t bring about an agreement. A court cannot accept a child custody application without this form being signed, except in certain exemption cases.
Many families can come to an agreement during family mediation without ever submitting a C100. It’s for this reason that beginning mediation can be beneficial. It can help avoid the stress, hassle and expense of appearing in court.
A More Collaborative Path Forward
The challenges of separation can feel overwhelming, but family mediation, supported by the MIAM process and informed use of the C100 form, offers a path that is more collaborative and empowering. Mediation allows families to focus on practical solutions that are geared towards everyone’s needs, especially the children.
In a lot of cases positive outcomes and transitions that result from mediation with families are more positive as the process is kept outside of courtrooms, and the emphasis is on respectful communication and understanding. For many, it becomes an essential element to progress with greater clarity and less conflict, assisting families to not only separate, but reshape their future with care.